To amend the Congressional Budget and Impoundment Control Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to establish categorical spending targets and sequestration against those targets to balance the Federal budget by fiscal year 2000, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 19, 1993

Mr. MCMILLAN (for himself, Mr. KASICH, Mr. HOBSON, Mr. KOLBE, Mr. SHAYS, and Mr. SMITH of Michigan) introduced the following bill; which was referred jointly to the Committees on Government Operations and Rules

A BILL

To amend the Congressional Budget and Impoundment Control Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to establish categorical spending targets and sequestration against those targets to balance the Federal budget by fiscal year 2000, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Health Care Reform Budget Enforcement Act of 1993’.

SEC. 2. EFFECTIVE DATES.

This Act and the amendments made by it shall take effect on its date of enactment and shall apply to fiscal year 1994 and subsequent fiscal years.

TITLE I--REQUIREMENT THAT PRESIDENT SUBMIT AND BUDGET COMMITTEES REPORT BUDGETS THAT ACHIEVE A BALANCED BUDGET BY FISCAL YEAR 2000

SEC. 101. SUBMISSION OF BALANCED BUDGET BY THE PRESIDENT.

Section 1105 of title 31, United States code, is amended by inserting at the end the following new subsection:

‘(g) Any budget submitted to Congress pursuant to subsection (a) for fiscal year 1994, 1995, 1996, 1997, 1998, 1999, or 2000 shall be a budget for that fiscal year and the 4 ensuing fiscal years that provides for a balanced budget for fiscal year 2000 and subsequent fiscal years and for each such year is within the categorical targets set forth in paragraphs (1) and (2) of section 601. Any budget submitted to Congress pursuant to subsection (a) for a fiscal year after fiscal year 2000 shall be a budget that provides for a balanced budget for that fiscal year and the 4 ensuing fiscal years and sets forth appropriate categorical targets for discretionary appropriations and direct spending.’.

SEC. 102. REPORTING OF BALANCED BUDGETS.

Section 301 of the Congressional Budget Act of 1974 is amended by inserting at the end the following new subsection:

‘(j) REPORTING OF BALANCED BUDGETS- Any joint resolution on the budget for fiscal year 1994, 1995, 1996, 1997, 1998, 1999, or 2000 as reported by the Committee on the Budget of each House, shall set forth appropriate levels for the fiscal year beginning on October 1 of the calendar year in which it is reported and for each of the 4 ensuing fiscal years for the matters described in section 301(a) and for each categorical target set forth in paragraphs (1) and (2) of section 601 that provides for a balanced budget by fiscal year 2000 and for each fiscal year thereafter. Any joint resolution on the budget for a fiscal year after fiscal year 2000, as reported by the Committee on the Budget of each House, shall set forth appropriate levels for the fiscal year beginning on October 1 of the calendar year in which it is reported and for each of the 4 ensuing fiscal years for the matters described in section 301(a) and set forth appropriate categorical targets for discretionary appropriations and direct spending that provides for a balanced budget for that fiscal year and each of the ensuing 4 fiscal years.’.

SEC. 103. PROCEDURE IN THE HOUSE OF REPRESENTATIVES.

Section 305(a) of the Congressional Budget Act of 1974 is amended by inserting at the end the following:

‘(8)(A) If the Committee on Rules of the House of Representatives reports any rule or order providing for the consideration of any joint resolution on the budget for a fiscal year, then it shall also, within the same rule or order, provide for--

‘(i) the consideration of the text of any joint resolution on the budget for that fiscal year reported by the Committee on the Budget of the House of Representatives pursuant to section 301(j); and

‘(ii) the consideration of the text of each joint resolution on the budget as introduced by the majority leader pursuant to subparagraph (B);

and such rule or order shall assure that a separate vote occurs on each such budget.

‘(B) The majority leader of the House of Representatives shall introduce a joint resolution on the budget reflecting, without substantive revision, the budget submitted by the President pursuant to section 1105(g) of title 31, United States Code, as soon as practicable after its submission.’.

SEC. 104. PROCEDURE IN THE SENATE.

Section 305(b) of the Congressional Budget Act of 1974 is amended by inserting at the end the following:

‘(7) Notwithstanding any other rule, it shall always be in order in the Senate to consider an amendment to a joint resolution on the budget for a fiscal year comprising the text of any budget submitted by the President for that fiscal year as described in section 1105(g) of title 31, United States Code.’.

TITLE II--JOINT BUDGET RESOLUTIONS.

(a) TABLE OF CONTENTS- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ‘concurrent’ each place it occurs therein and by inserting ‘joint’ and by striking ‘Concurrent’ and by inserting ‘Joint’ in the item relating to section 303.

(b) Definitions-

(1) Paragraph (4) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ‘concurrent’ each place it occurs and inserting ‘joint’.

(2) Paragraph (8) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ‘by the Congress’.

(c) TITLE III OF THE BUDGET ACT- Title III of the Congressional Budget Act of 1974 is amended by striking ‘concurrent’ each place it occurs therein and by inserting ‘joint’ and by striking ‘Concurrent’ and by inserting ‘Joint’ in the heading of section 303.

(d) TITLE IV OF THE BUDGET ACT- Section 401(b)(2) of the Congressional Budget Act of 1974 is amended by striking ‘concurrent’ and by inserting ‘joint’.

(e) TITLE IX OF THE BUDGET ACT- Section 904(d) of the Congressional Budget Act of 1974 is amended by striking ‘concurrent’ and by inserting ‘joint’.

SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES.

(a) RULE X- Clauses 1(e)(2), 4(a)(2), 4(b)(2), 4(g), 4(h), and 4(i) of rule X of the Rules of the House of Representatives are amended by striking ‘concurrent’ each place it appears therein and by inserting ‘joint’.

(b) RULE XXIII- Clause 8 of rule XXIII of the Rules of the House of Representatives is amended by striking ‘concurrent’ each place it appears therein and by inserting ‘joint’.

(c) RULE XLIX- Rule XLIX of the Rules of the House of Representatives is repealed.

SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS TO THE DEFICIT CONTROL ACT OF 1985.

(a) SECTION 254- Section 254(b)(2)(A) of the Deficit Control Act of 1985 is amended by striking ‘concurrent’ and by inserting ‘joint’.

(b) SECTION 257- Section 257(3) of the Deficit Control Act of 1985 is amended by striking ‘concurrent’ and by inserting ‘joint’.

SEC. 204. ESTABLISHMENT OF NEW POINT OF ORDER.

Section 301 of the Congressional Budget Act of 1974 (as amended by section 102) is amended by adding at the end the following new subsection:

‘(k)(1) It shall not be in order in the House of Representatives or the Senate to consider any appropriation or authorizing legislation for a fiscal year covered by a joint resolution on the budget before that joint resolution is enacted.

‘(2) The point or order set forth in paragraph (1) may only be waived by an affirmative vote of not less than two-thirds of those voting, a quorum being present.’.

(c) ADJUSTMENTS TO DISCRETIONARY SPENDING TARGETS- Section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

‘(b) ADJUSTMENTS TO DISCRETIONARY SPENDING TARGETS- Whenever appropriate, adjustments to the discretionary spending targets (and to those targets as cumulatively adjusted) for one or more fiscal years shall be made to reflect the following:

‘(1) CHANGES IN CONCEPTS- For any fiscal year, the adjustments produced by any change in budget accounting concepts (including scorekeeping conventions, budget classifications, and definitions) shall equal the current-year levels of new budget authority using up-to-date concepts minus those levels using the concepts in effect before the change. Such changes in concepts may only be made in consultation with the Committees on Appropriations and the Budget of the House of Representatives and Senate, CBO, and OMB. A change in budget classifications includes any change from the assumption that all amounts provided in appropriation Acts are classified as discretionary except those included under the heading ‘Mandatory Appropriations’ in the joint explanatory statement of managers accompanying the conference report on the Budget Reform Act of 1993.

‘(2) CHANGES IN INFLATION- (A) For the budget year and each outyear through 2000, the adjustments produced by changes in inflation shall equal the discretionary spending target for each such year multiplied by the inflation adjustment factor (for the fiscal year immediately preceding the current year) computed under subparagraph (B).

‘(B) The inflation adjustment factor shall be calculated by subtracting 1 from the ratio of (i) the level of year-over-year inflation measured for the fiscal year immediately preceding the current year, and (ii) the applicable estimated level for that year set forth below:

For 1992, 1.030.

For 1993, 1.031.

For 1994, 1.027.

For 1995, 1.027.

For 1996, 1.027.

Inflation shall be measured by the average of the estimated consumer price index for all urban consumers for a fiscal year divided by the average index for the prior fiscal year.

‘(3) EXPIRING HOUSING CONTRACTS- For each budget year through 2000, the adjustment shall be the amount of new budget authority needed to renew expiring multiyear subsidized housing contracts or provide contracts to replace units lost due to prepayments, with the per-contract renewal/replacement cost equal to the average current-year cost of renewal or replacement contracts.

‘(4) EMERGENCIES- If for any fiscal year appropriations for discretionary accounts are enacted that are designated as emergency requirements by statute, the adjustment shall be the amount of those appropriations that the President also designates, in writing, as emergency requirements within 5 days of the enactment of those appropriations. If any amount previously designated as an emergency requirement is rescinded, the adjustment shall be the amount of that rescission.’.

(d) REVENUE RAISING RECOMMENDATIONS TO COVER SHORTFALL- Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection:

‘(c) RECONCILIATION PROCESS TO AVOID SEQUESTRATION- Whenever the Committee on Appropriations of the House or Senate believes that a sequestration would be necessary under this section to eliminate a budget-year breach in any discretionary appropriation category as a result of the enactment of any appropriation Act, that committee may forward a report to the Committee on Ways and Means or the Committee on Finance, as the case may be, recommending a revenue increase to cover the shortfall. If such a revenue increase measure of sufficient size to cover the shortfall is enacted into law during that session of Congress, then no categorical sequestration may occur under this section as a result of that appropriation Act.’.

(e) REVENUE SHORTFALL POINT OF ORDER- Section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

‘SEC. 253. REVENUE SHORTFALL POINT OF ORDER.

‘(a) POINT OF ORDER- It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or any conference report thereon or amendment thereto, reducing revenues for any fiscal year through fiscal year 2000 unless it also contains an amendment to section 601(a)(1) or 601(a)(2) of the Congressional Budget Act of 1974 to reduce any combination of entitlement targets or discretionary spending targets in order to make that bill, joint resolution, conference report, or amendment deficit-neutral for each such fiscal year.

‘(b) WAIVER- The point of order set forth in paragraph (1) may only be waived by an affirmative vote of not less than two-thirds of those voting, a quorum being present.’.

SEC. 302. LIMITATION ON DIRECT SPENDING.

(a) LIMITATION ON DIRECT SPENDING- Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

‘SEC. 252. LIMITATION ON DIRECT SPENDING.

‘(a) PERMANENT SEQUESTRATION OF DIRECT SPENDING-

‘(1) APPLICATION- Obligations in sequestered direct spending accounts shall be reduced in the fiscal year in which a sequestration occurs and in all succeeding fiscal years. Notwithstanding any other provision of this section, after the first direct spending sequestration, any later sequestration shall reduce direct spending by an amount in addition to, rather than in lieu of, the reduction in direct spending in place under the existing sequestration or sequestrations.

‘(2) SEQUESTRATION- Within 15 calendar days after Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to eliminate a budget-year breach (if any) in any direct spending category within the direct spending target.

‘(b) ELIMINATING EXCESS DIRECT SPENDING- The amount required to be sequestered in a fiscal year under subsection (a) shall be obtained from direct spending accounts. Each non-exempt direct spending account in a category within the direct spending target shall be reduced by a uniform percentage necessary to make the reduction in direct spending required in that category to stay within the direct spending target.

‘(c) RECONCILIATION PROCESS TO AVOID SEQUESTRATION- Whenever a committee of the House or Senate believes that a sequestration would be necessary under this section to eliminate a budget-year breach in any direct spending category as a result of the enactment of any Act under its jurisdiction, that committee may forward a report to the Committee on Ways and Means or the Committee on Finance, as the case may be, recommending a revenue increase to cover the shortfall. If such a revenue increase measure of sufficient size to cover the shortfall is enacted into law during that session of Congress, then no categorical sequestration may occur under this section as a result of that Act.’.

SEC. 303. EXEMPT PROGRAMS AND ACTIVITIES.

(a) EXEMPTIONS- Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

‘SEC. 255. EXEMPT PROGRAMS AND ACTIVITIES.

‘(a) SOCIAL SECURITY BENEFITS- Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act shall be exempt from reduction from any order issued under this part.

‘(b) NET INTEREST- No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this part.’.

(b) REPEALER- (1) Section 256 of the Balanced Budget and Emergency Deficit Control Act of 1985 (relating to exceptions, limitations, and special rules) is repealed.

(2) The item relating to section 255 in the table of contents set forth in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.

SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985.

(a) DEFINITION OF CATEGORY- Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

‘(4) The term ‘category’ means for fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000--

‘(A) when referring to discretionary appropriations, either of the following subsets: national security (defense and international) or domestic; and

‘(B) when referring to direct spending, any of the 19 categories set forth in section 601(a)(2) of the Congressional Budget Act of 1974.

Discretionary appropriations in the domestic category and in the national security (defense and international) category and accounts in the 19 direct spending categories referred to in the preceding sentence shall be those so designated in the joint statement of managers accompanying this Act. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate.’.

(b) DEFINITION OF BUDGETARY RESOURCES- Section 250(c)(6)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ‘or 1995’ and inserting ‘1995, 1996, 1997, 1998, 1999, or 2000’.

(c) ENFORCING DISCRETIONARY SPENDING TARGETS- Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended--

(1) in subsection (a), by striking ‘and section 253’ and by striking ‘1995’ in its side heading and inserting ‘2000’;

(d) REPORTS AND ORDERS- Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended--

(1) by striking subsection (c);

(2)(A) in subsection (d)(1), by striking ‘, pay-as-you-go, and deficit’ and inserting ‘and direct spending’ and by striking ‘1995’ and inserting ‘2000’;

(B) in subsection (d), by amending paragraph (3) to read as follows:

‘(3) DIRECT SPENDING SEQUESTRATION REPORTS- The preview reports shall set forth estimates, for the current year and each subsequent year through 2000, of the applicable direct spending targets for each category.’; and

(C) by striking paragraph (4) of subsection (d); and

(3)(A) in subsection (g)(2)(A), by striking ‘1995’ and inserting ‘2000’; and

(B) by amending paragraph (3) of subsection (g) to read as follows:

‘(3) DIRECT SPENDING SEQUESTRATION REPORTS- The final reports shall set forth estimates for each of the following:

‘(A) For the current year and each subsequent year through 2000 the applicable direct spending targets for each category.

‘(B) For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category.

‘(C) For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction.

‘(D) For the budget year, for each account to be sequestered, estimates of the baseline level of sequesterable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions.’.

(e) EXTENSION OF EXPIRATION DATE- Section 274(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ‘1995’ and inserting ‘2000’.

(f) TABLE OF SECTIONS- The table of sections set forth in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended--

(1) in the item relating to section 252, by striking ‘Enforcing pay-as-you-go’ and inserting ‘Limitation on direct spending’; and

(2) by striking the item relating to section 253.

SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS TO TITLE VI OF THE CONGRESSIONAL BUDGET ACT OF 1974.

(a) POINT OF ORDER IN THE SENATE- Section 601(b)(1) of the Congressional Budget Act of 1974 is amended by striking ‘or 1995’ and inserting ‘1995, 1996, 1997, 1998, 1999, or 2000’.

(b) COMMITTEE ALLOCATIONS AND ENFORCEMENT- Section 602 of the Congressional Budget Act of 1974 is amended by striking ‘1995’ each place it appears and inserting ‘2000’.

(d) EFFECTIVE DATE- Section 607 of the Congressional Budget Act of 1974 is amended by striking ‘1995’ and inserting ‘2000’.

TITLE IV--THE BUDGET BASELINE

SEC. 401. THE PRESIDENT’S BUDGET.

Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows:

‘(5) except as provided in subsection (b) of this section--

‘(A) estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year;

‘(B) estimated expenditures and proposed appropriations the President decides are necessary to support the Government for each function and subfunction in the fiscal year for which the budget is submitted; and

‘(C) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction;’.

SEC. 402. CONGRESSIONAL BUDGET.

Section 301(e) of the Congressional Budget Act of 1974 is amended by--

(1) inserting after the second sentence the following: ‘The starting point for any deliberations in the Committee on the Budget of each House on the joint resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the congressional budget for the next fiscal year shall be from such estimated levels.’;

(2) striking paragraphs (2) and (3) and inserting the following:

‘(2) a comparison of levels for the current fiscal year with proposed spending for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction;

‘(3) information, data, and comparisons indicating the manner in which and the basis on which, the committee determined each of the matters set forth in the joint resolution, including information on outlays for the current fiscal year and the decisions reached to set funding for the subsequent fiscal years;’;

(3) inserting ‘and’ after the semicolon in paragraph (7);

(4) striking paragraph (8); and

(5) redesignating paragraph (9) as paragraph (8).

SEC. 403. CONGRESSIONAL BUDGET OFFICE REPORT TO COMMITTEES.

The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ‘On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) estimated budget outlays in all functions and subfunctions for appropriated accounts for the current fiscal year and estimated budget outlays under current law for all entitlement programs for the next fiscal year, (B) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (C) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.’.

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